When parents get divorced and cannot agree who gets the children, it is up to the judge to make the ultimate decision. Prior to January 1, 2012, California Family Code Section (FC) 3042 only required the court to consider and give due weight to a child’s preference regarding custody if the child is of sufficient…
The general rule is that California Penal Code (PC) Section 290 requires everyone who pled no contest, guilty, or convicted of a sex-related offense to register with at least one local law enforcement agency. In California, this is a lifetime requirement for most individuals. What is a “sex-related offense”? These offenses could be no contact…
AB 2124 authorizes a county (Los Angeles) to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations. On January 1, 2015, Los Angeles County established a pilot program that gives…
Many clients are confused why they have to attend mediation prior to a hearing involving child custody and/or visitation. The Family Court Services is part of the Superior court. The staff attempts to mediate disagreements between divorcing and/or separating parents regarding the care of their children. They are not attorneys—they are court employees. Mediation is…
If you think your divorce will be a fight, prepare to take the steps prior to the start of your divorce. Part of the divorce process is figuring out how you will pay for things until your divorce settlement is finalized. Despite significant gains by women, in many marriages it is still the husband who…
A new client just called me about being arrested for a DUI from a checkpoint. Yes, as we know the holidays mean festivities and parties more likely than not include alcoholic beverages. So again, checkpoints are legal but the police are required to insure that state and federal laws are followed before they institute a…
DUI cases constitute the largest group of misdemeanor violations in many counties. Notable legal enactments: the lowering of the unlawful blood alcohol level, the addition of a statute prohibiting DUI while driving a commercial vehicle, enhanced penalties for DUI with a minor in the vehicle or the requirement that ignition interlock devices be installed in…
Most of us, at one time or another, need to seek legal advice. Whether you want to litigate an issue, draft a contract, or is in trouble with the police, it is a good idea to speak with a lawyer. An attorney should be able to identify important legal consequences that may affect you, provide…
With the highly anticipated changes in immigration laws and policies of this country, one thing is clear, a criminal conviction(s) is something you need to fix. If you were convicted of a felony and released from state prison or other state penal institution in California by either being discharged on completion of the term for…
Those who hold professional licenses, such as real estate agents, nurses, contractors, lawyers or doctors have to be concerned with their licenses if they are convicted or even arrested of a criminal offense. For example, the California Board of Registered Nursing unanimously passed stringent standards that require nurses to submit fingerprints and undergo background checks…
Professional licensing agencies may suspend or revoke a license issued for reasons enumerated in the California Business and Professions Code (BPC). For many who have criminal convictions, whether they are doctors, nurses, contractors, they will be served and must defend against an accusation that impacts their careers and livelihood. I had a client recently who…
Many couples stay together after they separate, usually because it’s cheaper to live in one place with one set of bills. This is not possible for everyone, particularly if there is a high level of conflict. The questions then becomes, who moves out? If there are children, generally the family lawyers should insure that the…
All persons involved in dissolution of marriage, legal separation or modification cases must be aware of the fiduciary duties that have been established in the law. These duties require each party to disclose information and documents that are material to the case—without being requested. In California, Family Code section 721(b) highlights some of the disclosure…
Sealing your arrest record can be accomplished if you were arrested and either: no complaint has been or will be filed; the complaint was dismissed; or you are factually innocent. Factual innocence is when “no reasonable cause exists to believe that the person committed the offense for which the arrest was made. A person is…
Second, the person convicted of the felony crime must have been granted probation and not sentenced to state prison. In California, if probation was denied, and the person was sentenced to California state prison, you are not eligible for a reduction to a misdemeanor. Additionally, in California, most sex offenses, like rape cannot be reduced…
Factors Used in Calculating Child Support: (1) Gross Income: includes commissions, overtime, bonuses, rental income, pensions, or benefits: such as unemployment, disability, worker’s compensation, or social security. If your pay varies from month to month, the court will likely average your monthly income. Some become underemployed, and as such, the court will consider a parent’s…
Not every defendant who faces criminal charges will proceed to trial or a plea. Many cases end up being dismissed by either the prosecutor or the court. The critical task for an effective criminal defense attorney is to determine whether there are grounds for a case to be dismissed before a plea or trial. Some…
“Arrears” means past due support. Arrears are created when a child support order is made and there have periods of time in which payments were paid partially or not at all. If you owe arrears, you may be able to reduce the arrears (and interests) significantly. Arrears owed to the local child support agency for…
Some custody basics are joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. Joint physical custody means that each of the parents shall have significant periods of physical custody and in a manner to assure that…
The court granted Attorney Castaneda’s request to dismiss the case against her client for the other party’s failure to prove 81 counts after their case-in-chief was presented.